A witness contacted Florida Highway Patrol after following a driver going 35 mph in a 65 mph zone. The witness stated that the Driver had trouble maintaining a single lane and ran over two raised curbs. The witness believed that the Driver may be intoxicated, and feared for the safety of others.
An Officer made contact with the Driver, who admitted he had 4 glasses of wine and may be under the influence. The Driver failed roadside testing, and submitted to a Breathalyzer Test. The Driver blew a blood alcohol level of .143% and .145%. Florida Highway Patrol charged the Driver with DUI and the Department of Motor Vehicles suspended his driver’s license.
In order for a law enforcement officer to pull a motorist over, he needs to have probable cause to do so. The officer must have facts or circumstances that lead him to believe that the motorist was committing a crime.
If an officer has pulled you over for a legitimate reason, such as a broken taillight, he must have probable cause to search your vehicle. If the officer sees a beer bottle on the floor of the car and smells alcohol, that is probable cause. However, if the officer searches your car because you look like you are a drinker, but there is no other reason compelling him to do so, that is not probable cause.
During a search, if law enforcement finds illegal substances in your vehicle, you can be charged with that as well. You may have been pulled over for a burned out headlight, but if the officer finds cannabis in your car, you will be charged with possession of a controlled substance.
Under the Fourth Amendment of the US Constitution, citizens are protected against unlawful searches or seizures. If you feel that you have been pulled over for no reason at all, it is in your best interest to hire an experienced attorney to assist you. A professional and skilled lawyer will be able to examine your case and tell you if law enforcement did not have probable cause.
At Musca Law Firm, we have represented many clients who were in your shoes. We are not afraid to challenge the legitimacy of the case in court by aggressively negotiating the prosecution. We will do everything in our capacity to prove that you had no reason to be pulled over. Please call us today at (888) 484-5057 for a free initial consult with one of our attorneys. We serve the entire state of Florida with multiple offices in several cities, and we answer our phones 24/7 for your ease and convenience of service.
RESULT: The Musca Law Defense Attorney challenged the suspension of the Client’s driver’s license by requesting a Formal Administrative Review Hearing with the Department of Motor Vehicles and Highway Safety. The Defense subpoenaed the arresting Officer and The Breathalyzer Technician as witnesses. The Department of Highway Safety and Motor Vehicles ruled that the arresting Officer lacked probable cause that the Client was in actual control of a vehicle while under the influence of alcohol. The DMV LIFTED the suspension and REINSTATED the Client’s license!